Will My DUI Case Be Dismissed if the Police Stop was Unlawful?

By
Reno DUI Defense Lawyer
|May 13, 2013

If you have been charged with
driving under the influence (DUI) in Nevada, it is important to examine the circumstances under which you
were arrested. Even if you had failed a breathalyzer test or submitting
a blood sample that showed an alcohol concentration above the legal limit,
you must start from the very beginning—which, in this case, would be the
initial police stop. Under the law, a police officer is strictly prohibited from making a
traffic stop without probable cause. This means that they must either
witness you break the law or have sufficient reason to believe that you
are breaking the law, thus prompting them to further investigate the issue.
Since all citizens of the United States are protected from unreasonable
search and seizures, it would be illegal for an officer to stop a driver
without just cause.

Should they do so, any evidence that is collected thereafter would be inadmissible
on the grounds that it was unlawfully obtained. For this reason, it is
important that you know your constitutional rights if you have been pulled
over on the suspicion of drunk driving. On the flip side, however, you
must also understand that you could be
arrested for DUI if you were stopped for an unrelated reason. If a law enforcement officer
watched you run a red light, for example, they would have a justifiable
reason to stop you. Although they may not initially suspect that you are
driving under the influence, they can further investigate the matter if
they notice obvious signs of intoxication and/or see an open container
of alcohol in the vehicle. As such, it is highly recommended that you
discuss your case with a
Reno DUI lawyer if you are unsure of your rights.

At The Law Office of Walter B. Fey, we are dedicated solely to the practice
of DUI defense. Over the last 25 years, our firm has assisted countless
individuals in avoiding the serious ramifications of a drunk driving conviction,
so you can rest assured that you are in competent hands when you come
to us for help. Whether you have been charged with an
underage DUI offense of you have been accused of "drugged driving," our Reno
DUI attorney can provide you with the aggressive defense that you deserve.
We will thoroughly investigate every facet of your case—from the
initial police stop to the time that you were detained—to ensure
that your rights were not violated. Should we discover any inconsistencies,
you can count on us to move quickly and argue for the dismissal of your
case. To learn more,
call today at 1-888-339-4384.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.